San Fernando Valley Personal Injury Attorney

If you've been injured because of another person's negligence, you have the right to ask for financial compensation for the losses you've suffered. However, seeking a personal injury claim is no easy task. Offenders and their insurers are backed by armies of attorneys ready to protect their clients. Who's looking out for you?

At Drake Law Firm, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If necessary, however, we put together a litigation strategy and take the case to court. Either way, we defend our clients from beginning to end so they can focus on recovering.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another person, business, or even a governmental agency acts irresponsibly, others can get injured. The injury is typically physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that implies failure to exercise an appropriate degree of care under the circumstances. Another way of putting it is failure to behave as a reasonably sensible individual would. Negligence can be demonstrated through a person's actions (like speeding or driving drunk) or through an omission (such as failing to eliminate a known hazard from one's company property).

To win a personal injury case, the victim needs to prove that the defendant was negligent. There are four specific components that are required under California legislation:

• Duty of care– The offender must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the individuals, such as doctor and patient. However this isn't always necessary. For example, when you drive on a highway, you owe a duty to other motorists not to be reckless.
• Breach– Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the offender's negligent acts and/or exclusions are brought out. It also covers circumstances where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most disputed part of a personal injury lawsuit.
• Causation– The offender's breach needs to actually result in injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this element fails.
• Damages– These are the losses for which the plaintiff will pursue financial compensation. A few of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are hotly disputed in the majority of personal injury cases.

Possible Damages In a Personal Injury Lawsuit

The objective of a personal injury claim is to make the plaintiff whole through financial compensation. This compensation is known as damages, and some examples are:

• Medical costs– This broad category can consist of everything from hospital bills and prescription drugs to physical therapy and special adaptive equipment to help with a victim's daily activities.
• Lost income– While you recover or are hospitalized for your injuries, you will lose time from work and, with it, potentially considerable amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity– Your career prospects might be cut short or drastically restricted after a personal injury. An expert witness can help estimate the future earnings you will lose out on as a result.
• Pain and suffering– These damages account for the pain and emotional trauma you will likely experience for some time to come. Although hard to measure, they are necessary for catastrophic injury cases.
• Loss of enjoyment of everyday life– It might not be possible to enjoy your normal daily activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium– This category refers to the deprivation of the advantages of a family relationship. It includes the loss of support, society, friendship, and sexual relationship between partners caused by the injury.
• Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are intended to punish the wrongful party and discourage others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Lawsuit?

Your right to take legal action against a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to submit their lawsuits before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury takes place.

However, it's ideal not to delay taking action on your claim. Witnesses' memories can diminish with time, evidence will be more difficult to obtain, and you might fail to remember vital details if you wait too long. If you or a loved one have been hurt, reach out to a committed San Fernando Valley personal injury attorney.

How Can the Personal Injury Attorneys of Drake Law Firm Help Me?

Suing a defendant almost always means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender's attorneys pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney who not only knows California personal injury law, but knows how to determine a fair value for your case.

At Drake Law Firm, we've assisted numerous personal injury clients to get the compensation they require to recover. We won't let you accept unfair treatment from other law firms and we will defend you from beginning to end. If you need help with Personal Injury Attorney in San Fernando Valley, California, give us a call at (844) 513-7253 for a FREE consultation or visit our website at DrakeLawGroup.com to get started on your case today! 

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